What happens when the nursing home my grandmother is in filed a petition for guardianship.?

Question

My grandmother is in a nursing home in New York I live in South Carolina. Just a few months ago I found out my grandmother was in a nursing homedue to her nephew that lived with her. Her nephew had power of attorney and was not paying any of her bills. Became default on several Credit Cards in her name as well as the nursing home. After talking with my grandmother about this. She gave me power of attorney . I paid off several of her default bills along with selling her home per her request. Now the nursing home is on me about paying the whole amount that generated from 06/07 to now. I received power of attorney in 12/07. Can they make me pay for this bill? I did not sign anything at the nursing home. Her nephew signed her in. Now he can not be found. Have I got my self in trouble by taking the monies and selling the house per my grandmothers request? I have no money left.

Answer 1

Yes, you have got yourself into trouble...though for a noble cause.  That nephew is a real gem.

If you have power of attorney, it is up to you to find some way to settle with the nursing home.  That's the legal responsibility you took.  No, you are not "personally responsible"...they can't sue you for the money nor can they force you to pay for it with your own money.  Power of attorney means you have control of grandma's money...and that's the money used to pay the nursing home.  They only recourse they have is to file a lawsuit to recover.  But if grandma has no money, there is none to recover.  They can't make you pay for it.

Answer 2

It may be that by simply taking over her power of attorney you accepted any and all current debts by default.

You aren't in trouble for selling the house as per her request, but the nursing home is a business like any other and wants to be paid.

It is a sucky situation for you, created by the nephew.

I would seek out help from a lawyer.

there is a site called www.handelonthelaw.com that may be able to help. Apparently the lawyesr that started it are in California, but being net bound I am sure they can point you in the right direction.

Good Luck! if you ever do find that nephew, kick him in the ****!

Answer 3

You fight for her life, cause I just loss my dad and  I felt that they help to kill my dad. That's no place for no one so if u can get her or him out of there do so and don't want to go into no more detail about that ok.

Answer 4

uh...IT'S HER BILL. When you took POA is irrelevant. She recieved care; they are looking for payment. YOU ARE responsible for her affairs; that's what the POA Is.

Work with them before she gets evicted YOU SOLD HER HOME....REMEMBER?

Answer 5

Unfortunately, you are now responsible for that bill. Its time to call in the troops. Ask all of your family members to chip in and talk to the nursing home about a payment plan. Also, you may be able to get some government assistance. Look into her social security and medicare plans to see whats there. Do not cut good ties with this nursing home- They have your grandmother's life in their hands. It may take awhile but you can come up with a plan to make it all work out.

Answer 6

first off start by suing the nephew on her behalf and if he doesn't show up you win and then any you can file for wage garnishment, start by trying to work something out with the nursing home file for Medicare for her and that will help pay for the nursing home.   then file for guardianship..   one of you parents is her child why are they not helping with this?  I would seek legal advice about what the nephew did but they want paid for services it does not matter who was paying the bills they just want paid , this can get sticky fast.  try your best to work something out with the home.

Answer 7

Because you have Power of Attorney, and have liquidated her estate, you are responsible for bills incurred that the estate was the collateral for, i.e. nursing home care.  Usually, the nursing home takes title to the house as collateral, in this case, they want the proceeds from it.

Added:  You will have to get a lawyer, and show receipts for any gross amount you spent of hers.  Then, if indeed, all of the money was spent on her behalf, she can, through you and the attorney, declare bankruptcy.  The nursing facility will not evict her.  Her SS will go directly to them.  Which, if it doesn't now, it should.

Answer 8

Talk to an attorny in New York to see how your POA can go and is responsible for. Laws very from state to state, so contact a lawyer in New York. Good luck.

Answer 9

believe if the nephew had power of attorney, ur grandmother did not have say anylonger sometimes property when signed into nursing home comes property of nursing home ...u need to get in touch with a lawyer and see what ur rights are

Answer 10

whatever you do try to get ur grandmother outta there she wont be taken care of like she should be folks get sick and pass away alot sooner than they should , trust me i used to work at a home and i put several complaints but nothing was done i lost two loved ones at a home plez take her outta there